Truck accidents often result in catastrophic injuries

David M. Gabriel & Associates

A fully loaded tractor-trailer can weigh up to 70,000 pounds while compact cars typically weigh less than 5,000 pounds. This size difference makes trucks capable of crushing cars and severely injuring any and all occupants. In some cases, victims suffer catastrophic injuries that affect every aspect of their lives. A catastrophic or serious injury is one that results in permanent and/or severe functional disabilities. Examples of catastrophic injuries that can result from a truck accident include, but are not limited to: Burn injuries Brain injuries Spinal cord Organ damage Bone fractures It is important that victims of Massachusetts truck accidents are provided the support they need not only for their immediate medical bills, but also for their future losses. If you or a loved one has sustained a serious injury in a truck accident, make sure you research all of the options available before making any decisions that can affect your personal and financial future. At David M Gabriel & Associates we can provide you with an in-depth consultation to discuss your legal options.

Key components of a good parenting plan

David M. Gabriel & Associates

A good parenting plan is one that involves both parents. Over the years, fathers’ rights have increased to a certain degree where this is concerned, but it’s still important to look at a few key things that can help create a plan that is best for the child. 1. Both parents need to be involved. This involvement needs to be stable and consistent. 2. Both parents can contribute to their child’s life in meaningful, tangible ways. 3. The routine is fairly structured so that the child knows the schedule and can count on it. It’s also important for parents to stick to the schedule once it has been made. 4. Caregivers should be used as little as possible. Of course, daycare and other such things are sometimes necessary, but it’s best for children to be with their parents. 5. The existing relationships that the child has should not be cut off. This also goes for activities that the child enjoys. 6. The parents should communicate well and strive to cooperate. Both need to work together for the good of the child, rather than working against each other. 7. The rules that the parents use need to be consistent from one house to the next. Not only does this help the child respect the rules, but it also avoids a situation where one parent enforces rules and the other doesn’t, potentially making the child prefer the parent without the rules. These are just a few key points to keep in mind.

Spousal support and child support in Massachusetts

David M. Gabriel & Associates

When a Massachusetts marriage ends in divorce, the financial fallout can lead to a drastic change in budgeting for both sides. Child support and spousal support are among the most pressing concerns for many. Regardless of whether an individual expects to pay or receive either form of financial support, the way that the numbers work out will have a big impact on their future. Understanding how the payments are likely to be structured is a top priority during the early stages of a divorce. While there are a number of online resources that claim the ability to calculate alimony and child support payments, the best source of information about these matters is one’s Massachusetts divorce attorney. For those spouses who expect to make these payments, the first step in calculating the estimated payment amount is to provide the attorney with a comprehensive accounting of one’s income, as well as any income earned by the other spouse. It is vital to provide bank statements, recent tax returns, retirement account information and any other relevant financial information. For those spouses who expect to receive child support and/or alimony, the same information is required. It may also be helpful to have a list of any expenses for children. These expenses could include private schooling costs, tutoring or other expenses that fall outside the realm of general living expenses. Using this information, the attorney can provide an estimate of how much income a spouse can expect from child support and alimony. As with any

Can I end my alimony in Massachusetts?

David M. Gabriel & Associates

Alimony can be a stressful and frustrating hardship. Many people in Massachusetts are curious about whether alimony can be terminated. Here are some general rules for receiving and ceasing alimony. A judge decides who can change general term alimony based upon a number of factors and guidelines, unless there is a written agreement incorporated into a divorce judgment which states that alimony shall remain unchanged and the agreement “survives” the judgment. Alimony may be terminated in a variety of circumstances, including if; 1) The recipient remarries 2) Either spouse passes away 3) The spouse who is paying alimony reaches full retirement age, the alimony term reaches its durational limit based upon the length of the marriage or if the recipient spouse lives with another individual and they share common finances. In Massachusetts, alimony is a key factor with many divorce negotiations. People often rely spousal support to meet their needs and living expenses. Likewise, those who pay alimony often do not believe that their former spouses should be receiving benefits and alimony should terminate. Former spouses may wish to file complaints for modification to increase, decrease or terminate their alimony. If you have an additional question regarding alimony or spousal support, contacting David M. Gabriel & would be beneficial to your case.

Marital assets no one should forget

David M. Gabriel & Associates

With all of the paperwork that must be done and the decisions that must be made when going through a divorce in Massachusetts, it is possible to forget about certain things or overlook them. When it comes to marital assets, though, it’s important to remember everything so that you don’t lose out during the process of property division. Here are a few key things to remember: 1. Employee benefits. This could include a pension plan, for example, which may need to be divided for the future. 2. Carryover totals for a capital loss. These can be used in future years for tax purposes and could have an impact on what is owed or refunded. 3. End-of-life purchases. For example, a couple may have purchased a cemetery plot. Funerals and burial expenses are only getting more costly every year. 4. Collectible items. Some memorabilia—like a signed football jersey or an autographed guitar—can be worth quite a bit. Be sure to look through the storage carefully for items that may have been forgotten. 5. Memberships that are paid in advance. This could be a membership to a yacht club, a country club, or something else of this nature. 6. Gifts from a spouse. Technically, even if a gift was given from one spouse to the other, it still counts as marital property that is owned by both people. As such, it can be divided along with other assets. This is true for gifts given after the wedding day, but not for any

Several facets affect same-sex divorces

David M. Gabriel & Associates

Not all families are composed of the traditional husband and wife. Even though the composition of non-traditional families isn’t the same as traditional families, they still face some of the same family law issues. We know that trying to go through the Massachusetts laws pertaining to non-traditional families can be difficult, especially when you have a pressing matter to deal with. We can help you with all aspects of family law as it pertains to non-traditional families. One of the issues that can come up involves divorce. Ever since our state began recognizing same-sex marriage in 2004, the need for same-sex divorces has come up. During these proceedings, it is critical that you ensure that your rights are being protected. There are several facets of a same-sex divorce that we must consider. One of these is property division. Whether you have a high-asset case or you have fewer assets, we can help you to ensure that they are valued properly. While we are considering the division of property, we also need to consider the division of liabilities. We know that you don’t want to be stuck with all of the bills and none of the assets. If you have children, we need to get to work on the child custody, visitation and child support aspects of the case. These can often be aspects of the divorce that are filled with contention since both parents likely want to have the children as much as possible. We can work on your behalf

Three mistakes to be wary of when splitting up retirement assets

David M. Gabriel & Associates

Some of the most important assets to consider during a divorce may be those that pertain to your retirement plan, even if you’re still working and you’re not using them yet. Dividing these assets can be complicated and, naturally, the assets will have a large impact on your financial stability after the split. To avoid major mistakes, be sure you do the following: 1. Don’t forget about taxes and fees if taking cash. If you are getting a portion of your spouse’s retirement plan, remember that cashing that plan out means you’ll likely have to pay taxes and an early distribution penalty. If you choose to simply have the money rolled over into your own retirement account, you can preserve more overall wealth. 2. Don’t be imprecise when laying out the distribution of a pension. A pension can be split up in a divorce. If it’s your spouse’s pension, you may still be able to claim a portion of it, meaning you’ll get regular payments. However, make sure that you are very precise when determining how the division will be done. For example, determine whether you want to use a shared interest approach or a separate interest approach. 3. Don’t forget to look at future tax implications with non-qualified retirement plans. When splitting up non-qualified retirement plans–deferred compensation plans, for example– remember that there are going to be tax consequences for the person who receives the money. Additionally, the person who is the participant in the plan will have to

If asking for alimony changes, you must serve your ex

David M. Gabriel & Associates

You cannot get your alimony payments altered, even if they need to be changed because of alterations to the law, without telling your ex. You must serve the papers to your ex so that they can be signed and then filed. The paper you have to serve is known as a summons form, and you can get it from the staff at the court. In some cases, you may already know that your ex is going to be fine with the change—perhaps the two of you have talked about it in advance. If so, you can simply take the papers to your ex, meet up with a notary public, have your ex sign the documents while the notary watches, and then bring the papers to the court. These steps are not difficult to take, but they must be followed to the letter, especially when it comes to having an official watch to see that the signing is done properly. In other cases, your ex may not want to sign off on the change. If so, you may not want to bring the paperwork to your ex on your own. Instead, you can have the sheriff or constable do it for you. The county law enforcement officials should be contacted, and they’ll serve the papers to your ex in person. Do not simply mail the paperwork to your ex. After the law enforcement officer has served the papers, they will either be given to you or taken straight to the court

Truck accidents often result in catastrophic injuries

Key components of a good parenting plan

Spousal support and child support in Massachusetts

Can I end my alimony in Massachusetts?

Marital assets no one should forget

Several facets affect same-sex divorces

Three mistakes to be wary of when splitting up retirement assets

If asking for alimony changes, you must serve your ex

Categories

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?
We Can Help

Categories

TAGS

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help